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Kearney, Nebraska

October 26, 2004

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on October 26, 2004 in the Council Chambers at City Hall. This meeting adjourned at 7:38 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:39 p.m. in the Council Chambers at City Hall.  Present were: Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Stan Clouse. Absent: None.  Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. G. Allen Johnson, City Manager was absent. Some of the citizens present in the audience included: Davin Jones and Mike Konz from Kearney Hub.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Major Dale Hixenbaugh from the Salvation Army provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Ben Harms and Cody Sparks led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION

 

Mayor Blankenship and Council Members recognized John Schall for 20 years of service with the Utilities/Water Production Division. He was presented a Resolution of Commendation.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

None.

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Buschkoetter that Subsections 1 through 8 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Special Meeting held on October 12, 2004 and Minutes of Regular Meeting held October 12, 2004.

 

2.         Approve the following Claims: A-1 Refrigeration $92.17 Rep; AABACO $115.11 Su; Ace Hardware $170.02 Various; ADB Alnaco $186.66 Su; Advance Auto Parts $29.95 Su; AF Comm Supply $28.26 Su; Agent Fee $20.00 Tr; Air Midway $1,499.02 Various; Alamar $435.93 Cla; Alltel $3,086.22 Serv; Amazon $45.35 Various; Amer Assn Airport Exec $1,825.00 Reg; Amer Electric $255.50 Su; Amer Red Cross $35.50 Various; Amer Trademark $146.15 Su; Amoco Oil $29.25 Tr; AMZ Superstore $384.75 Su; Andersen Auto Parts $5.00 Su; Apple Market $11.85 Su; ARFF Working Group $125.00 Su; Ask Supply $280.68 Su; Aspen Publication $343.64 Su; Avondale Badge $77.95 Su; Baker & Taylor $1,819.17 Bks; BBC Audiobooks $285.88 Bks; Becker, G $29.50 Inv; Bennett, T $1,295.25 Serv; Big Flag Farm $195.60 Rep; Big O Tires $629.80 Su; Blessing $168,383.06 Serv; BlueCross Blue Shield $65,756.91 Claims; Bobs Super Store $255.08 Various; Books in Motion $6.00 Bks; Books on Tape $510.70 Bks; Bosselman $16,000.75 Inv; Bound to Stay Bound $135.97 Bks; Broadfoot's Sand $269.25 Various; Brown Traffic Products $8,756.78 Various; Bubble Factory $44.50 Su; Buffalo Co Reg of Deeds $1.00 Serv; Buffalo Co Court $799.46 Ded; Buggy Bath Car Wash $24.00 Rep; Builders $2,342.65 Su; BYCO #4 Gas Station $29.10 Tr; Cabela's $50,445.86 Lease, Su; Canal Bank Assoc $412.70 Rep; Cardinal Health $42.50 Su; Caseys $99.09 Tr; Cash Wa $1,833.80 Various; CDW Govt $962.87 Su; Centaur Ent $486.23 Su; Central Comm College $190.00 Tr; Central Fire $30.00 Su; Central Health Center $1,383.44 Serv; Central Hydraulic $1,094.46 Various; Central NE Equipment $228.00 Su; Charter Paging $21.92 Serv; Chesterman $1,071.00 Inv; Child's World $89.70 Bks; City of Ky $58,233.71 Various; Clark Enersen Partners $4,088.03 Serv; CMC Rescue $1,300.00 Su; Cold Spring Granite $99.99 Su; College Savings Plan of NE $65.00 Ded; Computer Hardware $59.00 Su; Conoco $27.00 Tr; Const. Rental $33.55 Su; Copycat $434.30 Su; Country Catering $800.00 Serv; Creative Teacher $39.89 Su; Criffield, J $75,000.00 T-Hangar; Crossroads Ford $141.99 Inv; Cullen, M $71.07 Cla; Culligan $130.00 Rep; Cummins Great Plains $124.51 Inv; Cummins Tools $652.55 Su; Dahlen, B $3,974.00 Serv; Davis/Sun Turf $40.85 Inv; Dawson Co PPD $24,892.86 Serv; Dell $1,817.95 Equip; DEMCO $250.46 Su; Depository Trust $216,651.25 Princ & Int; Dept of the Treasury $4.42 Ded; Deterdings $44.11 Su; Diamond Vogel $148.03 Various; Dmilaco $223.16 Su; Dobberstein Roofing $985.45 Rep; Don's Pioneer Uniforms $169.95 Cla; Eakes $1,463.57 Su; Earl May $7.98 Inv; E-Filliate $59.42 Su; Eileen's $39.30 Su; Embassy Suites $136.40 Tr; Expedia $10.00 Tr; Facts on File $234.35 Bks; Fairbanks $152.45 Various; Farmers Union $659.09 Various; Fas Break $509.30 Su; Fastenal $619.10 Various; Fedex $20.49 Pstg; Fiddelke Heating $350.26 Rep; Follett's $26.93 Su; Footjoy $107.48 Inv; Fox Bros $2,275.00 Serv; Freburg, N $184.62 Ded; Fred Pryor/Careertrack $158.00 Su; Fredrickson Construction $2,355.00 Serv; Fremont Nat'l Bank $36,333.50 Ded; Frick, E $35.13 Reim; Frontier $8,098.51 Serv; Galeton Gloves $505.75 Inv; Gallant Belt $323.72 Su; Galls $250.37 Various; Garrett Tires $2,869.64 Various; Gary's I-80 $160.50 Su; Gaylord Bros $493.88 Su; Gear for Sports $107.48 Inv; Glazier, R $25.54 Tr; Golfsmith Int $150.00 Su; Gordon's $104.27 Su; Gotta Go Gotta Throw $73.40 Su; GovConnection $234.67 Su; Graham Tire $740.39 Various; Grainger.Com $3,526.17 Su; Grand Island Ind $144.00 Su; Great American Outdoor $95.53 Rep; Grimes, J $20.24 Rep; Guideposts $16.94 Bks; H&G Cleaners $264.67 Serv; Hach $141.00 Rep; Hastings $42.84 Su; Heartland Clerk's Assoc $20.00 Dues; Hobby Lobby $59.56 Su; Holmes Plbg $823.96 Various; Homewood Suites $114.09 Tr; Hotsy Equipment $474.74 Rep; Huffys Windsocks $156.05 Su; Hurricane Disc Golf $95.95 Su; Husker Auto Group $18,294.00 Auto; Hyatt Hotels $484.23 Tr; Hyatt Hotels Oakbrook $712.62 Tr; ICMA RC $3,242.75 Ded; IRS $87,133.85 Ded; Int'l Assoc of Fire Chiefs $170.00 Reg; ISDN $14.95 Su; JEMS-Wildland Fire $29.90 Su; Johnson, A $132.04 Tr; JRs Western $129.95 Su; K&K $538.74 Various; KASWA $476.45 Tipping Fees; Ky Centre Vac $299.95 Su; Ky Clinic $35.00 Serv; Ky Concrete $523.88 Su; Ky Crete & Block $72.92 Inv; Ky Glass $38.02 Su; Ky Hockey $3,000.00 Serv; Ky Hub $2,620.63 Serv; Ky Implement $885.26 Various; Ky Pub Library Fdn $50,000.00 Transfer; Ky Truck Parts $20.00 Su; Ky Whse $529.73 Various; Ky WNE $265.32 Su; Ky Yamaha $119.63 Various; Kelley, M $33.75 Tr; Kewanna Screen Printing $233.88 Su; Kipp Bros $53.10 Su; Kirkham Michael $3,171.76 Serv; Kmart $234.39 Su; Kum & Go $20.15 Tr; Lampes Air Filter Sales $314.00 Su; Laser Art Design $187.00 Su; Lasertec $606.96 Su; Laughlin, K $360.00 Ded; Lawson Products $395.37 Various; Lawyers Weekly $179.00 Bks; LCL Truck Equipment $449.00 Su; Leach Camper of Lincoln $22.67 Inv; LARM $642,282.00 Prem; Lerner Publication $202.43 Bks; Liberty Services $112.56 Cla; Library Hotline $115.00 Su; Linweld $58.22 Su; Lisa's Instant Print $36.48 Su; Little Mexico $33.00 Su; Lockmobile $3.00 Su; Lockton $13,225.00 Prem; Logan Contractors $768.00 Su; Lorman Education $289.00 Tr; Lubrication Eng $322.71 Inv; Luke & Jakes $40.00 Su; Lumbard, J $100.00 Cla; Machines & Media $255.00 Su; Magic Cleaning $600.00 Serv; Mail Express $15.11 Su; Marina Inn $150.00 Tr; Marlatt Machine Shop $45.38 Rep; McCollister & Co $1,762.82 Inv; Menards $245.00 Su; Michael Todd & Co $540.85 Su; Mid-America Pay Phones $100.00 Su; Mid-NE Lubricants $3,614.45 Inv; Midwest Services $1,710.00 Rep; Miller & Associates $6,397.50 Serv; Miller Signs $269.30 Serv; Minitex $691.00 Serv; Misko Sports $123.00 Su; Mitchell 1 $1,203.30 Rep; Motion Ind $3,111.37 Rep; Mr. Automotive $2,071.29 Various; Municipal Emergency Services $12,329.00 Equip; Municipal Supply $2,638.49 Various; Murphy Tractor $932.73 Su; NAPA $1,260.64 Various; Nat'l Rec & Park $650.00 Su; NWWA $9,675.62 Equip; NE Bookstore $25.78 Su; NE Child Support $892.18 Ded; NE Dept of Aeronautics $1,470.00 Loan; NE Dept of Env Quality $14,204.14 Disposal Fee; NE Dept of Revenue $14,875.15 Taxes; NE Furniture $596.21 Su; NE Golf $1,591.15 Su; NE Health Lab $277.00 Su; NE Peterbilt $51.78 Inv; NE Truck Center $224.17 Inv; Newman Signs $547.38 Various; Nogg Chemicals $5,563.37 Various; Northstar Audio Books $13.00 Bks; Northwestern $4,220.86 Serv; NOVUS $35.00 Serv; NRPA Housing $103.04 Su; NWEA $700.00 Tr; Office Depot $1,041.85 Su; Office Max $884.68 Various; Officenet $153.76 Various; O'Keefe Elevator $560.33 Serv; Olsson Associates $7,098.30 Serv; OMB Police Supply $210.98 Cla; O'Reilly $270.71 Inv; Orscheln $931.23 Various; Paramount Linen & Uniform $203.06 Various; Park Inn Regency Lodge $146.78 Tr; Party America $25.27 Su; Penton Overseas $5.00 Bks; Platte Valley Comm $2,951.39 Serv; Platte Valley State Bank $1,194.64 Serv; Preferred Mail $84.62 Pstg; Presco Sales $24.30 Rep; Prescott, J $170.56 Tr; Presto $121.00 Serv; Public Agency Training Council $275.00 Tr; Purdy, K $45.00 Su; QT 562 $21.50 Tr; Quality Suites $100.75 Tr; Quick & Easy $15.00 Tr; Quill $250.63 Su; Quinlan Publication $199.00 Tr; Radio Shack $69.95 Su; Ramada Inn Ky $642.03 Tr; Ready Mixed Concrete $9,901.78 Various; Reams Sprinkler $1,393.45 Su; Rec. Unlimited $15.00 Su; Recorded Books $149.20 Bks; Rembolt Ludtke $543.70 Serv; Research Tech $94.95 Su; Respond First Aid Systems $130.35 Su; Rocky Mountain Chocolate $10.20 Su; Rodiek, D $25.00 Reim; Roggie, B $11.48 Su; Rubyspeaks $103.75 Su; Saathoff, J $41.89 Reim; Sagebrush $111.86 Bks; Sahling Kenworth $1,092.97 Various; Sampson Construction $113,534.00 Serv; S-F Analytical Lab $665.00 Serv; Shell Oil $56.70 Tr; Sheraton Hotel $219.80 Tr; Sherwin Ind $416.00 Rep; Sherwin Williams $197.86 Su; Shirt Shack $1,206.80 Su; Sign Center $384.00 Su; Snap On Tools $1,598.15 Tools; Sorensen Group $4,329.75 Rep; Spaghetti Shop $72.00 Su; Spencer Turbine $100.00 Su; Sport Supply $591.64 Su; Sporting Edge $80.00 Su; Stampcrete Int'l $1,996.20 Su; State of NE Dept of HHS $282.00 Serv; Steinbrinks $254.84 Su; Sterling Distributors $16.05 Su; Story, G $69.23 Tr; Stumps $24.45 Su; T&B Cleaning $2,600.00 Serv; T&F Sand & Gravel $855.43 Su; Target $175.65 Su; Tech Maint $458.16 Rep; Thomson Gale $56.13 Bks; Time to Remember $19.77 Su; Tomark Sports $133.28 Su; Towne Center $19.41 Su; Tractor Supply $876.95 Various; Tri-City Outdoor Power $230.49 Various; Tri-City Storm $300.00 Su; U Save $209.06 Su; Union Insurance $16,940.00 Serv; Unique Books $168.81 Bks; United Air $1,399.28 Tr; United Distributors $63.08 Su; UPS $51.24 Serv; UPS Store $6.10 Su; US Bank $50,946.25 Int; US Filter $874.60 Su; US Internet $1,620.00 Serv; USPS $96.95 Pstg; Van Diest $929.09 Su; Verdicon $765.28 Rep; Village Uniform $458.19 Rep; Waldenbooks $135.45 Su; Walgreens $6.89 Su; Walmart $792.46 Various; Warthog $1,239.00 Su; Washington State Support $102.01 Ded; West Group $1,692.50 Su; Westfall $50.69 Inv; Wilke Donovans $97.68 Various; Willis Shoe $357.79 Su; WW Grainger $47.77 Su; Xerox $266.00 Serv; Zimmerman $323.00 Su; Zook, K $20.00 Ref; Payroll Ending 10-16-2004 -- $249,933.04.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set November 9, 2004 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Approve the recommendation from Administration on the purchase of a 10-cubic yard dump truck for the Transportation Division from Nebraska Truck Center in the amount of $81,733.00.

 

5.         Approve Application and Certificate for Payment No. 6 in the amount of $124,427.25 submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part I Improvements, Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street and approve Resolution No. 2004-201.

 

RESOLUTION NO. 2004-201

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part I Improvements Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6 in the amount of $124,427.25 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,099,325.50

            Change Order No. 1 (9-28-2004)

+         818.40

            Change Order No. 2 (10-12-2004)

+      4,248.20

Contract Sum To Date

1,104,392.10

Gross Amount Due

563,865.75

Retainage

56,386.58

Amount Due to Date

507,479.17

Less Previous Certificates for Payment

383,051.92

Current Payment Due

$124,427.25

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 6 as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve Application and Certificate for Payment No. 1 in the amount of $235,753.14 submitted by Paulsen, Inc. and approved by Ross Engineering for the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet and approve Resolution No. 2004-202.

 

RESOLUTION NO. 2004-202

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, and the City's engineer, Ross Engineering, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $235,753.14 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$458,425.70

     Change Order No. 1 (10-12-2004)

+  11,752.00

     Change Order No. 2 (10-12-2004)

+  13,147.10

 

 

Contract Sum To Date

483,324.80

Gross Amount Due

248,161.20

Retainage

12,408.06

Amount Due to Date

235,753.14

Less Previous Certificates for Payment

              .00

 

 

Current Payment Due

$235,753.14

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A” be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the Buffalo County Local Emergency Operations Plan and approve Resolution No. 2004-203.

 

RESOLUTION NO. 2004-203

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that in order to provide for a coordinated response to a disaster or emergency in Buffalo County, the City of Kearney and other cities and villages in Buffalo County, the Kearney City Council deems it advisable and in the best interests of the community and Buffalo County to approve the Buffalo County Local Emergency Operations Plan. A copy of the Local Emergency Operations Plan is on file in the office of the Kearney City Clerk.

            PASSED AND APPROVED THIS 26TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve the application submitted by Delmar Nelson, Jr. on behalf of American Legion Post #52 to conduct the Veterans Day Parade on November 11, 2004 beginning at 4:00 p.m. with the parade starting at Railroad Street, north on Central Avenue and ending at the parking lot located north of the Museum of Nebraska Art.

 

9.         Approve the recommendation from the City Manager on the reappointment of JoAnn Lilly, Mike Miller and Steve Homan to serve another term on the Planning Commission.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7133 – REPEAL ORDINANCE NO. 7123 AND RE-CREATE PAVING DISTRICT NO. 2004-891A

 

On September 28, 2004 the City Council approved Ordinance No. 7123 creating Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska.

 

The City filed the Ordinance with the Register of Deeds and it was noted that the legal description with incorrect. Therefore, it is necessary to repeal Ordinance No. 7123 and re-create Paving Improvement District No. 2004-891. Ordinance No. 7133 reflects the correct legal description.

 

Council Member Buschkoetter introduced Ordinance No. 7133, being Subsection 1 of Agenda Item V to repeal Ordinance No. 7123 and re-create Paving Improvement District No. 2004-891A for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7133 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7133 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7133 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

AWARD BID FOR CENTRAL AVENUE INTERSECTIONS

 

Mayor Blankenship opened for discussion the bids received for the construction of the Central Avenue Intersections consisting of Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street and to consider approval of Resolution No. 2004-204 awarding the bid to Bryant & Bryant Construction from Halstead, Kansas in the amount of $274,183.00.

 

Public Works Director Rod Wiederspan presented this matter to the Council. At the August 10, 2004, Council meeting, the City Council approved the plans and specifications for the 2004 Part VIII Improvements which included the following public improvements: Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street.

 

Sealed bids for the 2004 Part VIII Improvements were received on Thursday, October 7, 2004 at 2:00 p.m.  The following were the bids received:

 

                        Bidder

            Bid

Bryant & Bryant Construction Inc., Halstead, KS

$274,183.00

Concrete Workers, Inc., Kearney, NE

$317,172.85

Blessing, LLC, Kearney, NE

$420,400.00

 

There was one other bid submitted by Dan Roeder Concrete. His bid was not considered because the required bid bond or certified check was not included.

 

The Engineer’s Opinion of Probable Construction Cost was $375,569.00.  The low bid from Bryant & Bryant Construction Inc., is 27% below the Engineer’s Opinion of Probable Construction Cost.

 

Assistant City Manager John Prescott stated that the CRA will pay approximately $100,000.00 towards this project.

 

Moved by Kearney seconded by Clouse to approve the bids received for the construction of the Central Avenue Intersections consisting of Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street and approve Resolution No. 2004-204 awarding the bid to Bryant & Bryant Construction from Halstead, Kansas in the amount of $274,183.00. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2004-204

 

            WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have reviewed the sealed bids which were opened on October 7, 2004, at 2:00 p.m. for the Central Avenue Intersections consisting of Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $375,569.00; and

WHEREAS, the said engineers have recommended the bid offered by Bryant & Bryant Construction of Halstead, Kansas in the sum of $274,183.00 be accepted as the lowest responsible bids.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Bryant & Bryant Construction of Halstead, Kansas be and is the lowest responsible bidder for the Central Avenue Intersections consisting of Intersection Improvement District No. 2000-1 for Central Avenue and 21st Street, Intersection Improvement District No. 2000-2 for Central Avenue and 22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue and 23rd Street, and Intersection Improvement District No. 2000-4 for Central Avenue and 24th Street, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Bryant & Bryant Construction of Halstead, Kansas in the sum of $274,183.00 be and is hereby accepted for the project.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for Central Avenue Intersections in the amount of $375,569.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 26TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7134 – SELL PORTION OF AVENUE B TO HABITAT FOR HUMANITY

 

Back in October of 1959, the property owners at that time presented a petition to the City Council to vacate the east ten feet and the west ten feet of Avenue B from 11th Street to 19th Street. Some of the property owners purchased the right-of-way as it abutted their property. Jerry Marlatt from the Kearney Area Habitat for Humanity contacted the City expressing a strong interest in purchase the east ten feet of Avenue B. They are in the process of building another home and would like to include that portion of the vacated right-of-way as part of their legal description. Attached is a letter from Cindy Barney on behalf of the Kearney Area Habitat for Humanity seeking approval by the Council for the sale of this right-of-way.

 

Council Member Clouse introduced Ordinance No. 7134, being Subsection 2 of Agenda Item VI to sell the vacated east 10 feet of Avenue B abutting Lots 1690, 1691, 1692, and the vacated south 7 feet of 13th Street abutting Lot 1690, all in Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska to Kearney Area Habitat for Humanity, Inc., and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Hadley seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7134 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.  Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7134 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7134 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT - $2,822.46; WARD LABORATORIES - $24.00

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $2,822.46 payable to Nebraska Public Power District and in the amount of $24.00 to Ward Laboratories be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Blankenship and Clouse abstained. Motion carried.

 

VII.    REPORTS

 

PUBLIC RECEPTION – NOVEMBER 4, 2004

 

City Clerk reminded the public of the public reception to be held on November 4, 2004 from 4:30 p.m. until 6:30 p.m. for the City Manager candidates.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 7:58 p.m. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK